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KENTUCKY 

Manual cf Rules and Regula« 
tittns of the State Board of 
Forestry, 1912. 




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State Board = Forestry 





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RULES AND REGULATIONS 

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STATE BOARD of FORESTRY 




Frankfort 

The Kentucky State Journal Pub. Co. 

1912 



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5 



HISTORICAL INTRODUCTION 



At the regular session of the General Assembly of the Commion- 
wealth of Kentucky, which hegap January 2, 1912, and ended March 
12, 1912, an act was passed "to establish a State Board of Forestry, 
prescribing its duties and for conserving the forests and water supply 
of the State and appropriating money therefor" (H. B. 61. Price, Chap. 
133, p. 529, Acts of Kentucky, 1912), which was approved by the 
Governor March 19, 1912. This act crystallized into law a strong and 
growing sentiment in the Commonwealth that the time was ripe for a 
definite forest policy in line with the same character of policies in 
lother States and the Federal Government. 

In accordance with the Act the State Board of Forestry met 
August 12, and organized, and at a subsequent meeting on August 26, 
1912, appointed a State Forester. At this meeting also a committee, 
consisting of Judge W. H. Mackoy, Mr. J. W. Newman, Commissioner 
of Agriculture, and the State Forester, Mr. J. E. Barton, was appointed 
by the Chairman, Governor Jas. B. McCreary, to prepare by-laws for 
governing the Commission. These by-laws, as drawn up by the com- 
mittee and approved by the Board, have taken the form of the attached 
"Rules and Regulations." It is felt by thy committee and the board 
that in a new organization such as this and in dealing with a new 
policy, as the forest policy, a wide latitude must be left within which 
the work may grow and expand and the "Rules and Regulations" have 
been made as broad as the terms of the act warrant and as brief as the 
exigencies of the situation demand. Methods of amendment have been 
provided that will enable the Board readily to adopt such changes as 
experience and development may show are necessary. 



CHAPTER 133, ACTS 1912 



An act to establish a State Board of Forestry, prescribing its 
duties and for conserving the forests and water supply of the State 
and approprating money therefor. 

Be it enacted by the General Assembly of the Commonwealth of 
Kentucky: 

§1. That there be, and is hereby established a State Board of 
Forestry to consist of six members; namely, the Governor of the 
State, the Director of the Kentucky Experiment State at Lexington, 
the Commissioner of Agriculture, who shall be ex-officio members of 
the said board and three persons to be appointed and commissioned by 
the Governor, with the advice and consent of the Senate, and to hold 
office as hereinafter provided. 

A State Forester shall be appointed by said board, and he shall 
be a graduate of a School of Forestry, a technically trained forester 
and shall have both a practical and theoretical knowledge of forestry 
and shall hold 'office for a term of four years and until the appoint- 
ment and qualification of his successor. 

One of the three persons first to be appointed members of said 
board by the Governor shall be appointed for a term of one year one 
for a term of two years and one for a term of three years, and as and 
when the terms of the members of said Board first appointed shall ex- 
pire, their successors shall be appointed for terms of fours years each. 

The three members of said board to be appointed by the Govern- 
or before entering upon the discharge of their duties, shall each 
take oath of office prescribed by the Constitution of the State. 

§ 2. The members of the said State Board of Forestry shall not 
receive any salary for their services as fcuch. but shall be paid the 
necessary expenses incurred by them in going to, attending upon and 
returning from the meetings of said State Board of Forestry, and of 
its committees. They shall keep an itemized account of their said 
necessary expenses, which shall be certified and paid in like manner 
as provided in Section 16 of this act with reference to the other ex- 
penditures of the said board. 

§ 3. The State F'orester, before entering upon the performance 
of the duties of his office, shall execute bond to the Commonwealth 
with surety or sureties worth at the time not less than $20,000 to be 



approved by the Governor and filed in the office of the Secretary of 
State, conditioned for the faithful performance of the duties of his 
cffice, upon which, for any breach thereof, action may be instituted 
from time to time and recovery had to the extent of the damage sus- 
tained by the Commonwealth or others. Said bond shall be examined 
and the sureties approved by the Governor once in each year, and 
he may at any time when he deems the bond insufficient, require the 
execution of a new bond or additional sureties ion the old one. 

§ 4. The care, management and preservation of the Forest Re- 
serves of the State hereafter to be acquired and established, and the 
forests thereon, as well as future growth thereon, and all moneys ap- 
propriated in that behalf, or collected therefrom in any way, and all 
personal and real property acquired to carry out the objects of this 
act are hereby made subject to the control of the said State Forestry 
Board as the same may be herein or in subsequent acts defined and 
required. 

Said Board shall observe, keep in view, and, go far as it can, as- 
certain the best methods of re-foresting cut over and denuded lands, 
foresting waste lands, preventing the destruction of forests by fire, 
the administering of forests on forests principles, the instruction and 
encouragement of private owners in preserving and growing timbers 
for commercial and manufacturing purposes, and the general conserva- 
tion of forest tracts around the headwaters and on the water sheds of 
all the water courses of the State. 

§ 5. Said Board shall have the power to purchase lands in the 
name of the State suitable for forest reserves, at a price which shall 
not exceed ten dollars per acre, using for such purposes any surplus 
money not otherwise appropriated which may be standing to the 
credit of the forest reserve fund; and to make and enforce all rules 
and regulations governing State reserves, the care and maintenance 
thereof, the prevention of trespassing thereon, and for the conduct of 
its officers, agent and employees; and it may accept gifts of land and 
money to the State for forestry purposes, the same to be held, pro- 
tected and administered by said Board as a State Forest Reserve, and 
to be used so as to demonstrate the practical utility of timber culture 
and as a breeding place for game. Such gifts must be absolute except 
that mineral and mining rights over and under land which may be 
donated may be reserved by the donors, and that they may be sub- 
ject to a stipulation that the lands shall be administered as State 
Forest Reserves, and the Attorney General of the State is directed to 
see that all deeds to the State of lands mentioned above are properly 
executed before the gift is accepted. 

§ 6. Before completing the purchase of any land for forestry 
purposes, the Attorney General of the State shall see to it that a good 
title thereto is obtained and that the deed or deeds therefor are prop- 
erly executed before payment is made of the purchase money. 

B 



§ 7. It shall be the duty of said Board to make or cause to be 
made a careful investigation of the streams and navigable rivers 
within and bordering upon the State; of Van methods, means, and cost 
of improving the same; of preventing their pollution; of conserving 
the water supply thereof; of using the same for the production of 
powder, and how and in what ways the said streams and rivers may be 
made of most value to the State and to the people thereof. 

§ 8. Said Board shall preserve all evidence which it may take 
with reference to conserving the forest and the water supply of the 
State and the methods best adapted to accomplish those objects and 
it shall make report of its doings, conclusions, and recommendations 
to each session of the General Assembly, and, from time to time, pub- 
lish, in a popular manner, and print for public distribution, in bulletin 
or other form, such of its conclusions and recommendations as may 
be of immediate public interest. 

§ 9. For the purpose of preserving rhe living and growing tim- 
ber and promoting the younger growth on forest reservations, said 
Board, upon the recommendation of the State Forester, may cause to 
be designated and appraised so much of Uie dead, matured, or large 
growth of trees found upon the forest reservations of the State as 
may be compatible with the utilization of the forests thereon and may 
sell the same for not less than the appraised value thereof. When 
the appraised value of the trees to be sold is more than $1,000 said 
Board, before making sale thereof, shall receive bids therefor after 
notice by publication once a week for four weeks in two newspapers 
of general circulation, but said Board shall have the right to reject 
any and all bids and to re-advertise for bids The proceeds arising 
from the sale of the timber and trees so sold shall be paid into the 
State Treasury and shall be held as a special fund for the purchase 
of additional lands, and shall be paid out i;i like manner as money ap- 
propriated for the use of said Board. 

§ 10. The said Board acting as a Forestry Commission is hereby 
empowered to make and execute contracts and leases, in the name of 
the Commonwealth, for the removal or mining of gas, oil or any valu- 
able minerals that may be found in said forestry reservations when- 
ever it shall be made to appear to said Board that it would be for the 
best interest of the Commonwealth to make such disposition of such 
gas, oil, or minerals — but before a contract cr lease is made the same 
shall be approved by the Governor of th-; State and bids therefor 
shall he received after notice by publication once a week for four 
weeks in two newspapers of general circulation. The said Board shall 
have the right to reject any or all bids and to re-advertise for bids. 
The accepted bidder shall give bond with good and sufficient surety 
to the satisfaction of said Board and in such amount as it may fix for 
the faithful performance on his part of all the conditions and cove- 
nants of said contract or lease. The proceeds arising from any such 



contract or lease shall be paid into the State Treasury to be held and 
used for the same purposes as the proceeds from the sale of trees 
and timber and be paid out in like manner. 

§ 11. When lands have been acquired by the Commonwealth for 
forestry purposes, however the same may have been acquired, they 
shall not thereafter be subject to warrant, survey or patent. 

§ 12. The Governor of the State shall be the Chairman of said 
State Board of Forestry, but when he is absent said Board may elect 
one of its members as Chairman pro tem. 

§ 13. The State Board sh,all keep a full and accurate account of 
its receipts and expenditures, and it shall make a full and accurate 
and complete report to each session of the General Assembly showii.g 
in detail, its receipts from all sources and its expenditures and the 
purposes for which expenditures have been made. 

It shall also have power to employ a ci'^il engineer and -urveyor 
from time to time, with his necessary assistants whenever the lecessi- 
ties of the case may require. 

§ 14. Subject to the direction of the said State Board of For- 
estry, the State Forester shall, whenever he may be directed so to do 
by the said Board, co-operat with counties, municipalities, corpora- 
tions and individuals in preparing plans for the protection, manage- 
ment and replacement of trees, wood lots, and timber tracts under an 
agreement that the parties obtaining such assistance shall pay the 
field and traveling expenses of the men employed in preparing said 
plans. 

§ 15. The State Board of Forestry m.ay establish and maintain 
a nursery or nurseries for the propagation of forest tree seedlings 
either upon one or more of the forest reservations of the Stale or 
upon such other land as the said Board may and which it is hereby 
empowered to acquire for that purpose. Seedlings from this nursery 
shall be furnished to the Commonwealth without expense for use upon 
its forest reservations or other public grounds or parks. Seeds and 
seedlings may also be distributed to landowners and citizens of this 
Commonwealth under and subject to such rules and regulations as 
may be established by said Board. 

§ 16. The State F'orester shall be the Secretary of the Board 
and, as such, he shall certify all expenditures of the Board to the 
chairman thereof who in turn shall certify them to the Governor for 
his apprcval, Avhereupon, he shall authorize the Auditor of Public Ac- 
counts to draw his warrant upon the State Treasurer for the amount 
thereof; and shall have the supervision and direction of all forest in- 
terests and of all matters pertaining to forestry within the State; be 
shall have charge of all forest wardens who may be appointed by said 
Board and the appointment, direction and superintendence of the per- 
sons and laborers whom the Board may deem it necessary to employ 
to perform labor in the forest reservations or the nurseries herein 

7 



provided for; he shall take such action as is authoribed by law to pre- 
vent and extinguish forest fires; enforce all laws pertaining to forest 
and wood land; prosecute any viola,tion of such laws; collect informa- 
tion relative to forest destruction and conditions; direct the protection 
and improvement of all forest reservations; make the investigation re- 
quired by Section 7 of this act with reference to the streams and navi- 
gable rivers within and bordering upon the State and report in writ- 
ing with regard thereto to the said State Board of Forestry; co-oper- 
ate with landowners as provided in Section 8 of this act; and, as far 
3s his duties as State Forester will permit, carry on an educational 
course on Forestry at Farmers' Institute and similar meetings with- 
in the State. 

He shall also recommend to said Board and prepare for its use 
plans for improving the State system of forest protection, manage- 
ment, and replacement and prepare for said Board annually, and also 
whenever required so to do by said Board, a report on the progress 
and conditions of State forest work. 

§ 17. The State Forester shall furnish notice, printed in large 
letters on cloth, calling attention to the dangers of forest fires and to 
trespass laws and their penalties, and to the rules and regulations of 
the State Forestry Board, which notices shall be distributed by the 
State Forester to forest wardens and posted by them in conspicuous 
places upon State forest reserves and along the highways. 

§ 18. The salary of the State Forester shall be fixed by the State 
Forestery Board and shall not exceed $2,500.00 per annum and he shall 
be paid reasonbale traveling and field expenses actually incurred in 
the performance of his official duties. 

§ 19. Whenever the State Board of Forestry considers it neces- 
sary it may apply to the Governor to commission such persons as it 
may designate to act as forest wardens of this State, to enforce the 
forest laws and under the direction of the Board to aid in carrying out 
the purposes of this act, but they shall be subject to removal at any 
time at the pleasure of the State Board of Forestry. Such wardens 
shall receive such compensation from time to time as the State Board 
of Forestry mal allow them for special services actually rendered, not 
exceeding $2 per day for each day of services. Forest wardens thus 
appointed shall, before entering upon the duties of their office, take 
the proper official oath before the clerk of the court of the county in 
which they reside; after which they shall, while holding said office, 
possess and exercise all the authority and power held and exercised by 
constables at common law and under the Statutes of this State, so far 
as arresting and prosecuting persons for violations of any of the laws 
or rules and regulations enacted or made or to be enacted or made for 
the protection of the State Forestry Reserves, or for the protection 
of the fish and game contained therein, are concerned. 

8 



§ 20. It shall be the duty of the forest wardens to enforce all 
forest laws of this State; to protect the State forest reserves and to 
see that all rules, regulations and laws are enforced; to report viola- 
tions of the law to the State Forester; to assist in apprehending and 
convicting offenders, and to make an annual report to him as to forest 
conditions in their immediate neighborhood. When any forest warden 
shall see or have reported to him a forest fire, it shall be his duty im- 
mediately to repair to the scene of the fire and employ such persons 
and means as in his judgment seem expedient and necessary to ex- 
tinguish said fire. He shall keep an itemized account of all expenses 
thus incurred and send such account immediately to the State For- 
ester. 

§ 21. The Fiscal Courts qr Boards of County Commissioners of 
the several counties of this State are hereby authorized to levy and 
appropriate money for purposes of forest protection, improvement 
and management; and said Fiscal Courts and Board shall have re- 
course under an action at law for debt against any landowner, indi- 
vidual or corporation on whose account they shall have been obliged 
to pay out money for fighting fire for the amount which they shall 
have expended for such purpose. 

§ 22. Whoever violates any rule or regulation for the govern- 
ment or use of any State reservation or park, or road or boulevard 
traversing the same, shall, for such offense, be punished by a fine of 
not less than five dollars nor more than fifty dollars, and if the person 
so fined neglects or refuses to pay the same he shall be committed to 
the jail of the county there to remain until such fine be paid, but not 
longer than one day for each and every two dollars of the fine imposed. 

§ 23. Any person or persons who shall kindle fires upon any of 
the forestry reservations of this Commonwealth, except in accord- 
ance with such rules and regulations as may be prescribed by the said 
Board of Forestry, or who shall cut and remove any timber whatever, 
or who shall do or cause to be done any act that will damage forest 
lands or timber belonging to the Commonwealth, shall be guilty of a 
misdemeanor and upon conviction thereof be subject to a penalty not 
exceeding five hundred dollars ($500) for each offense committed with 
costs of suit. If the defendant or defendants neglect or refuse to pay 
the penalty and costs imposed, he or they shall be committed to the 
jail of the county there to remain until such penalty and costs are 
paid, but no longer than one day for each and every two dollars of 
the fine and costs imposed. 

§ 24. It shall be unlawful for any persons or corporations, as 
landowner, to set, or procure another to set fire to any woods, brush, 
logs, leaves, grass, or clearing upon their own land, unless they shall 
have previously taken all possible care and precaution against the 
spread of such fire to other lands not their own, by previously having 
cut and piled the same, or carefully cleared around the land which is 

9 



to be burned, so as to prevent the spread of such fire. The setting of 
fire contrary to the provisions of this section, or allowing it to escape 
to the injury of adjoining lands, shall be prima facie proof of wilful- 
ness or neglect, and the landowner from whose land the fire orig- 
inated shall be liable in a civil action for damages for the injury re- 
sulting from such fire, and also for the cost of fighting and extinguish- 
ing the same. 

§ 25. Logging and railroad locomotives, donkey or threshing en- 
gines, and other engines and boilers, operated in, through or near 
forest or bush, which do not burn oil as fuel, shall be provided with 
appliances to prevent as far as may be possible the escape of fire and 
sparks from the smokestacks thereof and with devices to prevent as 
far as may be possible the escape of fire from ash pans and fire boxes. 
Failure to comply with these requirements shall be a misdemeanor, 
punishable, upon conviction, by a fine of not less than $10 nor more 
than $100 for each and every offense committed. 

§ 26. All individuals and corporations causing fires by violation 
of any of the provisions of this act shall be liable to the State or the 
county in which the fire occurred for all damages the State or the 
county may sustain by such fire or fires and in addition thereto to the 
full amount of all expenses incurred by the State or county in fighting 
or extinguishing said fire. 

§ 27. Justices of the Peace for this State, in the county wherein 
the offense shall have been committed, shall have the jurisdiction to 
hear and determine all prosecutions for the purpose ot enforcing fines 
and penalties, collectable under the provisions of this act, not exceed- 
ing the amount of $100 and of holding the offender, under proper bail 
if necessary, for hearing before the Circuit Court, and committing 
him to the county jail until such hearing if the required bail is not 
furnished. It shall be the duty of the Commonwealth and County 
Attorneys of the several counties and Circuit Court Districts to 
prosecute all violators of this act. 

§ 28. All money received as penalties for violations of the pro- 
visions of this act, less the cost of collection and not otherwise pro- 
vided for, together with any amount obtained from the Slate Forestry 
Reserves, shall be paid into the State Treasury to the credit of the 
forest reserve fund, which fund is hereby created; and the moneys in 
said fund are hereby appropriated for purposes of forest protection, 
management, replacement and extension, under the direction of the 
State Board of Forestry. 

§ 29. The said State Board of Forestry shall have assigned for 
its use a room in the State Capitol and shall be provided with furni- 
ture, stationery and supplies necessary for its use. 

§ 30. For the purpose of carrying out the provisions of this act 
the sum of $15,000.00 per annum is hereby appropriated out of any 

10 



money in the Treasury not otherwise appropriated, for the use of the 
said State Board of Forestry. 

§ 31. The State Board of Forestry may expend annually out of 
the appropriation for its use a sum not exceeding $3,000 to be used In 
co-operative work with the Forestry Department of the United States 
Government under such terms as the said State Board may deem ad- 
vantageous to the State, provided a like sum is furnished for said pur- 
pose by said Government, but the use of this amount or any part of 
it for this purpose is not obligatory upon the said State Board, unless 
in its judgment the State will profit thereby. 

§ 32. Section 9 of Chapter 90 of the Acts, 1906, and all laws or 
parts of laws in conflict with this act are, to the extent of such con- 
flict, hereby repealed. 



1] 



RULES AND REGULATIONS 



State Board of Forestry, Commonwealth of Kentucky 



Approved October 19, 1912. 



I. ORGANIZATION 

A. The activities of the State Board of Forestry shall be divided 
for convenience into seven branches, to-wit: 

1. Operation O 

2. Lands L 

3. Silviculture S 

4. Wiater W 

5. Grazing G 

6. Education E 

7. Accounts A 

B. These several branches of activity shall be designated by their 
initial and the various phases of activity thereunder are defined and 
explained as follows: 

1. Operation. This branch shall deal w^ith all matters of gen- 
eral organization, administration, supervision; employment of as- 
sistants, office force, forest wardens, etc.; personnel; improvements; 
allotments; publications; fire protection, partol and co-operations; 
supplies and equipment; and property accountability. 

2. Lands. This branch shall deal with all matters in connec- 
tion with the purchase of lands; survey and designation of bounda- 
ries; leases or contracts for the removal or mining of gas, oil, or val- 
uable minerals; compilation and publication of maps (except for sales 
of timber), special occupancy or rental of lands; claims, rights, or 
interior holdings; administrative, nursery or experimental sites; for- 
est legislation; occupancy trespass. 

12 



3. Silviculture. This branch shall deal with all matters con- 
cerning timber sales (including the estimation of the timber, reports 
and maps thereon, advertisement, etc.), administrative use of timber; 
brush disposal; Federal, State and private co-operation; free use of 
timber; cost and stumpage data; fire and timber trespass; marking of 
timber; reconnaissance of timber; and timber settlement, nurseries, 
seed, planting, herbariums, silvics, studies, mensuration and working 
plans. 

4. Water. This branch shall deal with all matters relating to 
water; waterfiow; surface run-off; stream measurements; development 
of water power and occupancy of land tberefor; pollution of streams, 
protection of village and municipal water supplies. 

5. Grazing. This branch shall deal with all matters pertaining 
to grazing permits; grazing studies; grazing trespass; grazing super- 
vision; game preservation, breeding, protection and distribution. 

6. Education. This branch shall deal with all matters pertaining 
to addresses, lectures, publications, demontsrations, or exhibits for 
educational purposes. 

7. Accounts. This branch shall deal with all matters pertaining 
to appropriations, allotments, gifts, funds, or receipts, however ac- 
cumulated; expenditures of every description provided for by law 
under the direction of the State Board of Forestry; appointments, sep- 
arations, furloughs, dismissals, leaves of absence, financial statements 
or reports. 

A. Operations 

Reg. 0-1. The state Forester with the advice and consent of the 
State Board of Forestry may employ an assistant, a stenographer and 
such other office force as may hereafter become necessary. 

Filing System 

Reg. 0-2. A complete filing system shall be devised and main- 
tained in the office of the State Forester for the proper record of all 
transactions of the State Board of Forestry aad the office of the State 
Forester. 

Property Accountability 

Reg. 0-3. The State Forester shall maintain in his office a com- 
plete list of all instruments, equipment and property which shall 
hereafter be acquired by the State Board of Forestry in connection 
with the work of the State Forester. 

13 



Field Force On State Forest Reserves 

Reg. 0-4. Upon tlie acquirement of lands by the State for State 
forest reserves the State Forester shall with the advice and consent 
of the State Board of Forestry organize and employ the necessary 
force for the administration of such forest reserves. 

Contracts and Deeds 

Reg. 0-5. All contracts, deeds of gift or purchase and papers 
/•elating to the appropriation of lands, and abstracts of title to said 
land shall be approved by the Att orney General, and such a certificate 
of such appropral shall accompany such papers, or be endorsed there- 
on; and all such original contracts, deeds of gift or purchase, and 
papers constituting the record of appropriation shall be filed in a de- 
pository to be designated by the State Board of Forestry. Copies of 
all such papers herein eimmerated shall be kept on record in the State 
Forester's files. 

Improvements 

Reg. 0-6. The State Forester shall, when so directed by the 
State Board of Forestry cause such improvements to be built and 
constructed on State Forest reserves and nurseries as may from time 
to time appear necessary. 

Fire Protection 

Reg. 0-7. The State Forester shall as rapidly as possible inves- 
tigate and report upon the forest fire conditions of the State and 
in accordance with his investigations shall when so directed by the 
State Board of Forestry, organize the necessary protective force in 
such regions as may appear necessary. 

Reg. 0-8. The State F'orester shall ascertain as far as possible, 
the extent and damage of all fires within the State and particularly 
on the State forest reserves, and shall maintain a record thereof 
which shall show, so far as can be ascertained, the date, cause, extent, 
damage, cost and other information of value with regard to such fire 
or fires. 

Reg. 0-9. The State Forester shall take such action and perfect 
such organization as will insure the compliance of persons and cor 
porations with that portion of the act herewith quoted: 

"§ 24. It shall be unlawful for any persons or corporation, as 
land owner, to set, or procure another to set fire to any woods, brush, 
logs, leaves, grass, or clearing upon their own land, unless they shall 
have previously taken all possible care and precaution against the 

14 



spread of such fire to other lands not their own, by previously having 
cut and piled the same, or carefully cleared around the land which is 
to be burned, so as to prevent the spread of such fire. The setting of 
fire contrary to the provisions of this section, or allowing it to escape 
to the injury of adjoining lands, shall be prima facie proof of wilful- 
ness or neglect, and the land owner from whose land the fire orig- 
inated shall be liable in a civil action for damages for the injury re- 
suiting from such fire, and also for the cost of fighting and extinguish- 
ing the same. 

"§ 25. Logging and railroad locomotives, donkey or threshing en- 
gines, and other engines and boilers, operated in, through or near 
forest or bush, which do not burn oil as fuel, shall be provided with 
appliances to prevent as far as may be possibe the escape of fire and 
sparks from the smokestacks thereof and with devices to prevent as 
far as may be possible the escape of fire from ash pans and fire boxes. 
Failure to comply with these requirements shall be a misdemeanor, 
punishable, upon conviction, by a fine of not less than $10 nor more 
than $100 for each and every offense committed." 

Reg. O-IO. TJie State Forester, with the approval of the State 
Board of Forestry, shall, if the exigencies of the situation demand, 
designate certain seasons within which no fires may be set by persons 
or corporations, or in accordance with the instructions or directions 
of such persons or corporations, for purposes of clearing land or 
burning debris resulting from logging or lumbering operations. 

Reg. 0-11. The State Forester may require such inspection of 
logging and railroad locomotives, donkey or threshing engines as 
will insure their being equipped with the proper spark arresters and 
devices against the escape of fire from ash pans and fire boxes. 

Reg. 0-12. The State Forester shall furnish all possible assistance 
to the proper authorities looking to the prosecution of all cases of 
violations of any provisions of the Acts and the rules and regulations 
of the State Board of F'orestry with regard to fire protection, and 
shall estimate or cause to be estimated the value of all damage sus- 
tained by the State or county within which the fire or fires occurred. 

Meetings of the State Boarof of Forestry 

Reg. 0-13. It shall require a vote of four members o! the State 
Board of Forestry at any meeting to amend the rules and regulations 
of the said Board. 

Reg. 0-14. A meeting of the State Board of Forestry shall be 
held quarterly, as nearly as possible on the fifteenth of January, 
April, July and October as the circumstances warrant; Provided, that 
the chairman of the State Board of Forestry may call special meet- 
ings of said Board when important and urgent matters demand at- 
tention. 

15; 



Reg. 0-15. At the quarterly meetings of the State Board of 
Forestry the State Forester shall submit a brief resume of the work 
of his office during the period just past. 

B. LANDS 
Purchase of Lands 

Reg. L-1. The Act of the General Assembly approved by the 
Governor, March 19, 1912, provides (Sec. 5, 6, Chap. 133, pp. 531-2, 
Acts, 1912), that the State Forest Board shall have the power to pur- 
chase lands in the name of the State for forest reserves and accept 
gifts of land or money to the State for forestry purposes. Land pur- 
chased in this manner and for these purpose shall not exceed ten 
dollars per acre. 

Reg. L-2. When it shall come to the attention of the State For- 
ester that certain tracts of land are .available for forest reserve pur- 
poses, he shall himself examine such land or cause an examination 
to be made. The examination shall determine the suitability of the 
particular tract involved for forest reserve purposes and the avail- 
ability and suitability of adjacent lands for like purposes. The result 
of the examination shall be embodied in the form of a written report, 
accompanied by a map which shall be submitted to the State Board 
of Forestry for their consideration. No lands above the value of $100 
shall be purchased unless personally inspected by the State F'orester 
and at least two members of the State Board of Forestry. 

Reg. Li-3. When land is purchased by the State Board of Forestry 
for forestry purposes, the State Forester shall thereupon cause an ac- 
curate survey of the boundaries of such tract to be made, the bounda- 
ries properly marked, and a detailed map compiled for the area as a 
basis of future administration and development. 

Special Use Regulations 

Reg. L-4. All uses of the State forest reserves, except those 
specifically provided for in regulations governing water, timber sales, 
timber settlement and grazing will be designated "special uses." Ap- 
plications for "special uses" shall be made to the State Forester in 
writing, who may grant permits for such uses when they are not 
clearly inconsistent with the purposes for which the forest reserves 
were created subject, however, to the subsequent approval or disap- 
proval of the State Board of Forestry, to whom all such permits shall 
be reported at the meeting of said Board immediately following the 
granting of a permit. A record of all permits granted by the State 
Forester for "special uses" shall be kept by him in his office. 

Reg. L.-5. The occupancy and use of the State forest reserve 
land and resources under a special use permit, shall be conditioned 

16 



upon payment of a charge, which shall be based upon schedules pub- 
lished from time to time by the State Forester with the advice and 
consent of the State Board of Forestry. 

Reg. L-6. In serious emergencies for the protection of life or 
property forest reserve material may be taken without previous per- 
mit, provided a permit for the material so used and the special use 
£0 involved is subsequently secured at the earliest opportunity. 

Reg. L-7. The State Forester may, in his discretion, issue permits 
to any road district, county or person, or corporation for the free use 
of timber, stone, and other forest reserve products for the construc- 
tion or maintenance of roads or trails within State forest reserves. 
When the public benefit does not justify such free use the permittee 
must pay for all merchantable timber cut or destroyed by lands oc- 
cupied under permit. 

Reg. L-8. Wagon roads over State forest reserve lands may be 
constructed, changed, widened or repaired subject to the approved of 
the State Forester. 

Occupancy Trespass 

Reg. L-9. The following acts are prohibited: 

A. Squatting upon forest reserve land, or making settlement 
thereon. 

B. Constructing or maintaining any kind of works, structure, 
fence or inclosure; conducting any kind of business enterprise, or 
ca,rrying on any kind of work on State forest land without permit, ex- 
cept as otherwise allowed bylaw or regulation, 

C. The wilful tearing down or defacing any notice of the State 
Board of Forestry posted within a State forest reserve. 

D. Camping within State forest reserves. 

E. The posting of advertising signs, bills, posters, placards or 
advertisements of any description. 

Settlement of Trespass 

Reg. L-10. The State Forester is authorized to settle all cases 
of innocent or unintentional civil trespasses when the value of the for- 
est products taken or destroyed is not in excess of $100. 

Reg. Li-11. Settlement of all innocent or unintentional trespass 
when the total value of the forest products injured, taken or destroyed 
is in excess of $100 will be effected by the State Board of Forestry. 
All wilful civil trespasses, or those involving injury to the lands with 
in the State Forest reserves, apart from injury or destruction of forest 
products, and all criminal trespasses will be reported to the State 
Board of Forestry for reference to the Attorney General of the State 
for action. 

17 



C. SILVICULTURE 
Timber Sales 

Reg. S-1. No timber shall be designated for cutting by stamping 
or otherwise until the State Forester is satisfied that the cutting will 
preserve the living and growing timber, promote the younger growth, 
and be compatible with the utilization of the forest. Upon applica- 
tion for the purchase of timber or where timber is to be sold in ad- 
vance of application, such timber shall be examined and appraised, 
and the area from which the timber is to be cut described by legal 
subdivisions, metes and bounds, lor otherwise. The individual making 
the examination shall report the quantity and value of the various 
kinds of timber involved, and shall base his appraisal on the character 
ot the timber, the cost of logging, transportation and manufacture, 
and the sale value of manufactured products at practicable markets. 
No sale of timber exceeding $100 in value shall be binding unless ap- 
proved by the State Board of Forestry. 

Reg. S-2. No timber shall be cut under any timber sale contract 
before it has been paid for. Refunds may be made in the discretion of 
the State Forester or the State Board of Forestry to depositors of such 
sums deposited by them to secure the purchase price of forest products 
as may be found in excess of the amounts actually due the State. Re- 
funds or payments may also be made of such sums as may be found to 
have been erroneously collected for timber or other forest products 
sold from lands within, but not a part of, a State forest reserve. 

Reg. S-3. In any sale, the timber may be paid for in one or more 
payments, as agreed. In sales of $100 or less the partial payments 
must not exceed two. 

Reg. S-4. Modifications of contracts for the sale of timber will 
not be allowed except in those cases where the full performance of 
the contract by the purchaser is rendered inequitable and unjust by 
some act of the State. Morlifications where proper, within the mean- 
ing of this regulation, may be made by the State Forester, when ap- 
proved by the State Board of Forestry. 

Reg. S-5. No timber will be sold in amounts exceeding $1,000 
stumpage value in advance of advertisement. When necessary to 
protect the State against loss, a bond may be required. 

Reg. S-6. After any timber has been advertised and no satis- 
factory bids received, or if the bidder fails to complete the purchase, 
the State Forester may dispose of the timber at a private sale in 
quantities to suit purchasers, without further advertisement, at prices 
not lower than those named In the advertisement. Timber may also 
be disposed of at private sale without advertisement, where the stump- 
age value of the timber does not exceed $1,000. 



18 



Reg. S-7. In awarding advertised timber of a value exceeding 
35,000, allotments at the highest prices offered may be made to sev- 
eral bidders to prevent monopoly. 

Reg. S-8. No trees on State forest reserves shall be cut except 
under permit or contract. No living trees shall be cut under any con-' 
tract until marked or otherwise designated by the State Forester or 
his representative. 

No timber cut under any contract shall be removed from the place 
selected for scaling, measurement, or counting until it has been scaled, 
measured, or counted and stamped by the State Forester or his rep- 
resentative on the ground. No person except the State Forester or 
his representative shall stamp any timber belonging to the State 
with the regulation marking ax, hatchet, or hammer or with any in- 
strument having a similar design. Ail saw timber will be scaled by 
the Scribner Decimal C log rule, as used by the United States Forest 
Service. 

Reg. S-9. The period allowed for the removal of timber, which 
shall in no instance exceed four years, except in special cases upon 
specific approval of the State Board of Forestry, will be fixed in the 
agreement, and in sales in which a period of two or more years is al- 
lowed for the removal of the timber, the minimum amount to be re- 
moved each year must be specified, except in unusual oases. The 
State Forester may, with the consent and approval of the State Board 
of Forestry, extend the time beyond a period of four years; but such 
extension will be granted only to prevent hardship in cases where 
failure to remove the timber within the four year period is due to 
circumstances over which the purchaser had no control. 

Reg. S-10. The State Forester may in any timber sale require the 
purchaser to furnish a bond for the satisfactory completion of the con- 
tract. 

Reg. S-11. The disapproval of an application for the purchase of 
timber and for the modification of a contract by the State Forestei 
shall be considered final, but the party affected thereby may, by written 
notice filed with the State Forester within fifteen days from his deci- 
sion, ask the State Board of Forestry, at its next ensuing meeting, for 
a reconsideration of the determination or finding of the State Forester, 
and, in that event, the decision of the State Board of Forestry shall be 
final. 

Reg. S-12. The use of steam engines, donkeys, and locomotives 
in operation on any State forest reserve land under any timber sale 
contract or under any permit is prohibited, unless they are equipped 
with such spark-arresters as are approved by the State Forester, or 
unless oil is used as fuel. 

Administrative Use of Timber 
Reg. S-13. The State Forester with the advice and consent of the 
State Board of Forestry may, within the amount which said State 

19 



Board is authorized to sell without advertisement dispose of under 
free use permit or otherwise any timber upon the State forest reserves 
when such removal is actually necessary to protect the forests from 
ravages or destruction, or when the use or removal of timber is neces- 
sary in the construction of roads, trails, cabins, and other improve- 
ments on the State forest reserves or in experiments conducted by 
the State. 

Timber Settlement 

Reg. S-14. When timber on State forest reserve land is cut, 
damaged, killed, or destroyed in connection with the enjoyment of a 
right-of-way or other special use payment therefor may be required 
at such rate or rates as may be fixed by the State Forester, under 
the timber sale regulations to sell the amount inviolved. 

Fire Trespass 

Reg. S-15. The following acts are prohibited on lands of the 
State within State forest reserves. 

A. Setting or causing to be set on fire any timber, brush, or 
grass; Provided, however, that this regulation snail not be con- 
strued to prohibit the building of necessary camp fires or other fires 
for domestic or manufacturing purposes when permit is granted for 
same by the State Forester. 

B. Building a camp fire in leaves, rotten wood, or other places 
where it is likely to spread, or against large or hollow logs, or stumps, 
where it is difficult to extinguish it completely. 

Reg. S-16. The following acts on any lands within the State are 
prohibited: 

A. Setting or procuring another to set fire to any woods, brush, 
logs, leaves, grass or clearing upon their own land by any persons 
or corporations, unless they shall have previously taken all possible 
care and precaution against the spread of such fire to other lands 
not their own, by previously having cut and piled the same or care- 
fully cleared around the land which is to be burned, so as to prevent 
the spread of such fire. 

B. Building a camp fire in leaves, rotten wood, or other places 
where it is likely to spread, or against large or hollow logs or stumps, 
where it is difficult to extinguish it completely. 

C. Leaving a camp fire without completely extinguishing it, when 
permit has been granted for same. 

Timber Trespass 

Reg. S-18. The following acts are prohibited on State lands 
within State forest reserves: 

20 



A. The cutting, killing, destroying, girdling, shipping, chopping, 
boxing, injuring or otherwise damaging, or the removal of any timber 
cr young tree growth except as authorized by law and the regulations 
of the State Board of Forestry. 

B. The damaging or cutting, under any contract of sale or permit 
of any living tree until it is marked lor otherwise designated for cutting 
by the State Forester or his authorized agent. 

C. The removal from the place designated for scaling, measuring, 
or counting of any timber cut under contract of sale or permit until 
scaled, measured or counted and stamped by the State Forester or 
his authorized agent. 

D. The stamping, except by the State Forester or his authorized 
agent, of any timber belonging to the State with the regulation mark- 
ing tools or with any instrument having a similar design: Provided, 
that timber lawfully cut from land which is subsequently included with- 
in a State forest reserve may be removed within a reasonable time after 
the inclusion of such land in a State forest reserve: Provided, further, 
that the term "timber" as used in this regulation shall be deemed and 
taken to mean trees of a character or sort that may be used in any 
kind of manufacture or the construction of any article, or for fuel. 



Nurseries 

Reg. S-19. Upon the designation and establishment of a nursery 
by the State Forester with the approval of the State Board of Forestry, 
the State Forester may with the approval of the State Board of 
Forestry hire such nursery assistance and labor, purchase such neces- 
sary material and supplies as will insure the proper establishment. 
care and maintenance of such nursery and insure the end for which 
the nursery w^as established. 



D. WATER 

Reg. W-1. The State Forester may cause such examinations to 
be made as will insure accurate data in regard to the amount and 
character of stream flow of the navigable rivers within and bordering 
on the State; establish gauging stations, designate observers, vol- 
untary or otherwise; institute investigations of the means, methods 
and cost of improving the streams and regulation of flow, conserving 
the water thereof and preventing its pollution. He shall also assemble 
accurate data in regard to the availibility of streams and rivers for 
water power purposes and the value of such power to the people o? 
the State. 

21 



E. GRAZING 

Reg. G-1. Grazing of cattle, sheep, goats or hogs upon any State 
lOrest reserve will not be allowed except under permit by the State 
Forester. 

Reg. G-2. If upon any State forest reserve, it appears upon in 
vestigation that the reserve as a whole or any portion of the reserve 
will not be injured by the grazing of cattle, sheep, goats or hogs, such 
forest reserve or portion thereof may be opened to grazing by the 
State Board of Forestry and the State Forester authorized to issue 
permits for such grazing. The State Forester shall, subject to the 
approval of the State Board of Forestry, then establish seasons within 
which grazing will be permitted and establish equitable charges for 
grazing privileges. 

Reg. G-3. All grazing fees are payable in advance. When an 
applicant for a grazing permit is notified by the State Forester that 
his application has been approved, he will remit the amount due for 
grazing fees to the State Forester to be placed to the credit of the for- 
est reserve fund, and upon receipt of payment a permit will be issued 
allowing the stock to enter the forest reserve and remain during the 
period specified. Persons who fail to pay the grazing fee before the 
beginning of the grazing period must notify the State Forester before 
the beginning lof the grazing period and give satisfactory reasons, or 
they may be denied a grazing permit the following season within the 
discretion of the State Forester. 

Reg. G-4. Grazing fees will not be refunded for non-use of State 
forest reserve land except when, in the opinion of the State Forester, 
the applicant is prevented from using the said lands by circumstances 
over which he has no control. 

Damage to Roads, Trails, or Springs 

Beg. G-5. Each person or group of persons granted grazing per- 
mits must repair all damage to roads or trails caused by the presence 
of their stock in any portion of a State forest reserve. 

Disposition of Carcasses 

Reg. G-6. The carcasses of all animals which die on the State 
forest reserve from contagious or infectious diseases must be burned 
and the carcasses of all animals which die in close vicinity of water 
must be removed immediately, and buried or burned. 

Salting Stock 

Reg. G-7. Whenever the State Forester requires it, all stock 
grazed under permit must be salted regularly at such places and in 
such manner as he may designate. 

22 



Quarantine and Local Laws 

Reg. G-8. All stock which is grazed under permit in, or allowed 
to cross, any State forest reserve will be required to conform to the 
quarantine regulations of the State Live Stock Sanitary Board, and 
all live stock laws of the State. 

Protection of Game, Fish and Birds 

Reg. G-9. The State Forester will co-operate with the State Fish 
and Game Commission to enforce the laws of the State for the protec- 
tion of birds, fish and game. In State forest reserves, which are 
utilized for breeding places for game and game refugees, all forest 
officers will act without additional pay as deputy game wardens with 
full power to enforce the State fish and game laws. 

Grazing Trespass 

Reg. Gt-10. The following acts are prohibited: 

A. The grazing upon or driving across any State forest reserve 
w;ithout permit, except such stock as are specifically exempted from 
permit by the regulation of the State Board of Forestry, or the grazing 
upon or driving across any State forest reserve of any live stock iu 
violation of the terms of a permit. 

B. The grazing of stock upon State forest reserve land within 
an area closed to the grazing of that class of stock. 

C. The grazing of stock upon an area withdrawn from use for 
grazing purposes to protect it from damage by reason of the presence 
of the stock or improper handling thereof, after receipt of notice from 
the State Forester of such withdrawal and of the amendment of the 
grazing permit. 

F. EDUCATION 

Reg. E-1. It shall be the duty of the State Forester to propagate 
among the people of the State and especially the children a knowledeg 
of the economical and aesthetic value of trees and forests by lectures, 
talks, publications, bulletins, short sketches and in every other way 
compatible with the importance of the work. 

Reg. E-2. As rapidly as possible the State Forester shall accu- 
mulate a library dealing with forestry in all its phases and other 
closely related branches and subjects. This library shall be situated 
in the office of the State Forester and shall be available to all persons 
of the State as a reference library under such rules and regulations 
as the State Board of Forestry may hereafter approve. Gifts of books, 
pamphlets, bulletins, etc., may be accepted by the State Forester for 
the forest library. 

23 



Reg. E-3. A record of all speeches, lectures, talks and addresses 
made by the State Forester or under the auspices or direction of his 
office shall be kept and copies of such speeches, lectures, talks or 
addresses kept on file when obtainable. 

Reg. E-4. The State Forester shall initiate studies of forest 
products, their uses, and problems with relation thereto. He may 
also undertake experiments and investigations with relation to wood 
composition, wood distillation, by-products and wood utilization gen- 
erally. 

G. ACCOUNTS. 

Reg. A-1. A complete system of acounts of all receipts and ex- 
penditures of the State Board of Forestry shall be kept in the State 
Forester's office, and a statement thereof shall be submitted to the 
State Board of Forestry by the State Forester onoe every six months 
and at such other times as the Board may request. A full and com- 
plete statement of all receipts and expenditures will be submitted to 
the General Assembly at each session. 

Reg. A-2. Copies 'of all vouchers submitted for payment by the 
State Board of Forestry shall be kept on file in the office of the State 
Forester. 

APPENDIX 

From Kentucky Statutes, Carroll, 1909. 

Sec. 1254. Firing woods, fence, grass: 

If any person shall unlawfully set fire to any woods, fence, grass, 
straw or other things capable of spreading fire in land, he shall be 
fined not exceeding one hundred dollars. 

Sec. 1255. Firing woods and damaging another's property. 

If any person intentionally or negligently set any woods on fire, 
whereby damage is done to the lands or property of another, he shall 
be fined at the discretion of a Jury. 

Sec. 1256. Carrying away or injuring property — destroying 
boundary marks. 

If an person unlawfully, but not with felonious intention, take, 
carry away, deface, destroy or injure any property, real or personal, or 
other thing of value not his own, or wilfully and knowingly, without 
felonious intention, break down, destroy, injure or move any monu- 
ment erected to designate the boundaries of this State, or any county, 
city or town thereof, or the boundaries of any tract or lot of land, 
or any tree, mark, or post, or stone planted for that purpose he shall 
be fined not less than ten or more than two thousand dollars. 



24 



